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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 38130
Experience:  Retired (mostly)
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Actually, this isnt so much a question as a response to you

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Actually, this isn't so much a question as a response to you well thought out question. I am going to look for an attorney that will file the document you specified. I really appreciate your time to explain all the particulars, including the mindset and motivations in the legal profession.

Your point about "did he... the deceased ... know what he had" is a good one, and I have no idea how you read between the lines. Interestingly enough , even when she filed the original qualification, she only listed half the house as the inheritence of the deceased. But she had told me and the deceased and my son that the house had been put in her name, since the mother had Alzhemeers and might need to eventually go to a nursing home. So Ben did not know he had that. Second, as I said, the qulification paperwwork at the beginning of probate only showed $92K for the house. Then, the final accounting showed an additional $244K in life insurance, bonds, IRA, etc. It was so obviiously different that the court sent her several letters, then actually subpenad her to appear because she needed to increase the surety bond and pay taxes for the additional $244K. So, thank you.

Last but not least, my son has had a learing disability (auditory processing)and speech impediment all his life. He has had jobs since he was 16, always very responsible, never asks anyone for money, and the kid has worked so hard to try to finish college. He just "thinks" differently, and doesn't notice the obvious, and doesn't like to ask for help or advise because he wants so much to be as perceptive as everyone else. And I believe (for whatever it is worth) that the aunt took advantage of his well documented disability. But his dad loved him to death. And it will be hard to go thru life knowing how he was betrayed by his dad's family (not by dad or the grandmother)

So, at least I can file , whatever you suggested, and put it to the test. You answer was "spot on", and you cannot imagine how much I appreciate taking the time to explain this to me. Neither of us ever even thought his dad had any money, so none was ever expected. But even 30K, would allow him to be able to finish college, so I will try.

I do have one more question, and I am glad to think of it so that I can give you another tip. I did not leave you enough before for your time.

If I do file this, will the aunt be informed and will she have to appear in court?

Again, thank you
If I do file this, will the aunt be informed and will she have to appear in court?

A: If you file a motion to set aside the final distribution order for fraud, you will have to serve a copy of that pleading on the aunt -- so she will definitely know immediately that you're claiming that a fraud was committed and that the entire probate should be revisited from the beginning.

Hope this helps.
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